Legal Question in Criminal Law in Georgia

legal search

If a party in your vehicle has what is belived to be a controlled substance in there possesion and you the owner of the vehicle has no knowledge of it, does this give the officerProbable cause to search your vehicle. and does he have to inform me (the owner of the vehicle) that he has proable cause and is going to search the vehicle? I was in the patrol car awaiting a ride to the sheriffs office due to suspected dui,but was not read any rights and did not fail the breathalyzer?


Asked on 5/19/04, 7:23 pm

1 Answer from Attorneys
Jim Hough Thomas J. Hough, Jr., P.C.

Re: legal search

The issue of the right to search your vehicle is a complicated one, and I am not able to answer the question in a meaningful way without knowing what specific events caused the officer to suspect you were DUI. As to your knowledge that a passenger possessed in violation of the Georgia Controlled Substances Act, it is very important, but may not relate to the search issue as much as it relates to other issues such as "equal access" and/or "party to a crime."

What is clear is that you need representation, and both the search and seizure need to be challenged.

If you want to discuss this matter further, you may contact me at my office, 770-607-5300.

Jim Hough

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Answered on 5/20/04, 7:55 am


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